IN THE MUNICIPAL COURT OF ST. LOUIS COUNTY TWENTY-FIRST JUDICIAL CIRCUIT STATE OF MISSOURI ST.

LOUIS COUNTY, Plaintiff, vs. TERRY LEE HINDS Defendant. ) ) ) ) ) ) ) ) ) ) )

Case I-09063201

West Division

No Trial Date Set

DEFENDANTS MOTION NO. 22 DEFENDANTS MOTION TO INVOKE RULES AND ITS REQUIREMENTS Missouri R. Crim. P. 21.04. - Statement of Probable Cause - Contents and Missouri R. Crim. P. 21.02. - Misdemeanors - Information COMES NOW, TERRY LEE HINDS (hereinafter the [Accused]) proceeding as a pro se Defendant in the above cause and pursuant to the provisions of Missouri R. Crim. P. 21.04. [Misdemeanors - Statement of Probable Cause Contents] and Missouri R. Crim. P. 21.02. [Misdemeanors Information] hereby moves this Court to invoke and enforce said rules by issuing a written Order that the Plaintiff and Prosecution (hereinafter the [government]) shall comply with and obey these Rules; to maintain procedural law as a prescribed method of enforcing a right or obtaining a redress for its invasion, that substantive law creates. This motion is further made under the purview Missouri R. Crim. P. 24.04. [Motions Before Trial Defenses and Objections] in support of the [Accused]s affirmative defenses, defense theories or in conjunction with his objections with defects in the institution of the prosecution or Information, as well as, to preserve the [Accused]s rights under Missouri R. Crim. P. Rule 30 (1)

et. seq., [Appellate Procedure In All Criminal Cases]; including the affect to the [Accused]s substantial rights in this case, brought without probable cause, and that the [government] acted with malice, primarily for a purpose other than that of bringing an offender to justice, procured through the institution of a criminal proceeding, under the color of law to deprive [him] of rights, privileges, or immunities secured by the Constitution. The precluded reliance of established court doctrines, a proceeding initiated without probable cause and other acts done by the [government] is beyond its capacity and is considered invalid and described as ultra vires. Relevant Supreme Court doctrines, case or common law, U.S. or the State of Missouri Constitution are controlling. The defense of this case, in part, is based upon the [Accused] reliance in U. S. Supreme Court opinions i.e., To punish a person because he has done what the law plainly allows him to do is a due process violation of the most basic sort as well as, e.g., [F]or an agent of the State to pursue a course of action whose objective is to penalize a person's reliance on his legal rights is patently unconstitutional. See Bordenkircher v. Hayes, 434 U.S. 357 (1978); and United States v. Jackson, 390 U.S. 570, 581, 88 S.Ct. 1209, 1216, 20 L.Ed.2d 138 (1968). WHEREFORE, PREMISES CONSIDERED the [Accused] respectfully requests that the Court issue a written Order for the [government] to make a written Statement of Probable Cause [Contents] and to produce it within 7 days of this Order, making disclosure to the defense, and this Court, maintaining a procedural law and right, moreover for enforcing the Courts previous verbal Order issued on October 21, 2010, compelling the parties to adopt, conform and proceed under Missouri Rules of Criminal Procedures which are applicable to a misdemeanors offense. For reasons set forth herein, and such arguments as the Court will (2)

entertain at the motion hearing; the [Accused] prays that the Court grant this Motion in all things or other relief that is just and appropriate in the circumstances.

Respectfully Submitted, ____________________________ Terry Lee Hinds, Pro Se 438 Leicester Sq Drive St. Louis, Missouri 63021 Tel# 314-795-3115 Executed 14th day of March, 2011

CERTIFICATE OF SERVICE The above signed certifies that a true and correct copy of the foregoing, was provided to the [government] on this 14th day of March 2011 by U.S. Certified Mail, first class postage prepaid, to: County Counselor Jason Murray and Molly Chestnut The Office of the County Counselor 41 South Central Ave. Clayton, MO. 63105 Certified Mail Return Receipt #7003-2260-0004-8226-2521

Attachment of Missouri R. Crim. P 21.02. & 21.04.

(3)

21.02. Misdemeanors - Information - Prosecuting Attorney The prosecuting attorney may file an information charging the commission of a misdemeanor based upon the prosecutor's information and belief that the offense was committed. The information shall be supported by a statement of probable cause as prescribed by Rule 21.04. (Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Jan. 28, 2002, eff. Jan. 1, 2003.) COMMITTEE NOTE - 1979
This is substantially the same as prior Rule 21.03.

21.04. Misdemeanors - Statement of Probable Cause - Contents A statement of probable cause must be in writing and shall: (a) State the name of the accused or, if not known, designate the accused by any name or description by which the accused can be identified with reasonable certainty; (b) State the date and place of the crime as definitely as can be done; (c) State the facts that support a finding of probable cause to believe a crime was committed and that the accused committed it; (d) State that the facts contained therein are true; and (e) Be signed and on a form bearing notice that false statements made therein are punishable by law. (Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Jan. 28, 2002, eff. Jan. 1, 2003.) COMMITTEE NOTE - 1979
This is new. Compare: Prior Rule 21.04, prior Rule 21.08 Fed.R.Crim.P. 3.